How might the executive orders (EOs) signed by President Trump impact me and my family?

1. “Executive Order Initial Rescissions of Harmful Executive Orders and Action”

What does this mean?

• The Trump administration rescinded several Biden-era executive orders, including those on enforcement priorities, restoring the legal immigration system, reunification of families separated under Trump I, refugee resettlement, and managing migration with other country governments.

Potential Impacts:

• It is too soon to know the full impacts of this EO.
• This EO sets the stage for the expansion of expedited removal in the interior and eliminating any right to seek bond, reinstating the public charge process under Trump I, as well as eliminating efforts to improve government efficiency.

2. “Executive Order Protecting the Meaning and Value of American Citizenship”

What does this mean?

• One of the executive orders signed by President Trump attempts to end birthright citizenship for “the children of women unlawfully present in the US” as well as “the children of women present lawfully but temporarily” (such as on a visa) “if the father is not a US citizen or permanent legal resident.”
• The definition of “mother” and “father” in this EO is limited to immediate female/male biological progenitors.
• The executive order is set to go into effect on February 20, 2025.
• Multiple lawsuits have already been filed seeking to enjoin this EO.

Potential Impacts:

• This may impact the children of same sex couples and children born through Artificial Reproductive Technologies (ART).

3. “Executive Order Protecting the American People Against Invasion”

What does this mean?

• This EO calls for the maximal enforcement of immigration law, rescinds the Biden administration’s enforcement policies and directs DHS to set new enforcement priorities.
• Under this EO, enforcement priorities should include illegal entry, unlawful presence, and people with final orders of removal.

4. 01/30/2025

This EO directs the DHS secretary to expand the use of expedited removal to the interior for noncitizens who entered within the past two years and calls for DHS to work towards ensuring the detention of everyone pending resolution of their cases, as well as the expansion of detention facility capacity.

The order calls for the registration of undocumented aliens and the prioritization of enforcement against those who do not comply, as well as for fines and penalties to be levied against people who are undocumented or others who facilitate the presence of someone who is undocumented.

Potential impacts:

• Immigrants who are undocumented may be required to register their presence.
• There may be coming restrictions on grants of humanitarian parole, TPS, granting of work permits, and access to public benefits.
• It is too soon to tell the full implications of this EO.

5. “Executive Order Securing Our Borders”

What does this mean?

• Reinstatement of the Migrant Protection Protocols (MPP, also known as “Remain in Mexico”), which requires people to wait outside of the US to seek asylum.
• This order also ceases the CBP One app that facilitated asylum applications.

Potential impacts:

• This EO all but eliminates asylum at the US southern border. The MPP is the only remaining alternative to asylum seekers at the southern border.
• This will likely lead to asylum seekers being turned away at the southern border or forced to wait long periods at ports of entry.

6. “Executive Order Declaring a National Emergency at the Southern Border”

What does this mean?

The Trump administration is attempting to deploy the military at the southern border.

Potential impacts:

• Increased military presence at and near the southern border. Increase in checkpoints near the southern border.
• Increase in stops by ICE agents to verify individuals’ immigration status.

7. “Executive Order Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats”

What does this mean?

• Within 60 days, the Trump administration will identify nations with deficient vetting procedures that will be subject to a complete or partial travel ban justified under INA 212(f).

Potential impacts:

• Enhanced vetting will be re-established for all immigrants (at the level that was in place at the end of the first Trump administration).
• This will likely result in significant delays to visa processing in general.
• The stricter scrutiny on new applicants and those who have been in nonimmigrant status in the United States for many years will result in uncertainty and delays for their employers and families.

8. “Executive Order Guaranteeing the States Protections Against Invasion”

What does this mean?

• The Trump Administration has declared that an invasion of migrants is ongoing at the southern border. It is using this as a justification to suspend all border entries, including asylum seekers.

Potential impacts:

• Effectively bans asylum at the southern border.

9. “Executive Order Realigning the United States Refugee Admissions Program”

What does this mean?

• The president has suspended the U.S. refugee program indefinitely.
• This is based on a determination that the program is detrimental to U.S. interests under INA 212(f). Notwithstanding the suspension, DOS and DHS may admit refugees on a case-by-case basis. States and localities will be given a role in determining the placement of refugees in their jurisdictions.
• Within 90 days, DOS and DHS will offer recommendations on whether the program will resume. The executive order on Protecting the United States from Foreign Terrorists also notes that more stringent vetting will be applied to refugees.

Potential impacts:

• As of January 22, 2025, flights for refugees already cleared to come to the U.S. have been canceled, including for “more than 1,600 Afghans who assisted America’s war efforts.”

10. “Executive Order Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government”

What does this mean?

• This order directs government agencies to recognize only two sexes, male and female, in all of its policies and procedures.

Potential impacts:

• This will result in wide-ranging impacts from paperwork to detention centers, and significantly increases the hardship and risks for transgender and nonbinary noncitizens.
• US Government-issued identity documents, including passports, visas and Global Entry cards will only reflect male or female. It is unclear whether the government will require reissuance of existing documentation.
• Immigration forms, regulations, and policy documents may be updated.

11. “Executive Order America First Trade Policy”

What does this mean?

• The order directs that the U.S. trade policies promote “investment and productivity, enhances our Nation’s industrial and technological advantages, defends our economic and national security, and — above all — benefits American workers, manufacturers, farmers, ranchers, entrepreneurs, and businesses.”
• It requires the review of all existing trade agreements, as well as the impact of the U.S.-Mexico- Canada Agreement (USMCA) on American workers, farmers, ranchers, service providers, and other businesses.

Potential impacts:

• This may result in policy shifts affecting the eligibility criteria for TN visas.
• If the U.S. Trade Representative recommends changes to the agreement, visa issuance procedures may be altered, leading to a stricter interpretation of job categories and qualifications. Canadian and Mexican professionals applying for TN visas may face additional documentation requirements to prove their qualifications and the necessity of their employment in the United States.
• The review of other trade agreements may impact other treaty-based nonimmigrant visa categories, such E-1 (treaty trader), E-2 (treaty investor), and H-1B1 (specialty occupation worker).
• Sections directing the investigation of unfair trade practices and tariff policies may create uncertainty for businesses employing foreign professionals under B-1 (business visitor) or L-1 (intra-company transferee) visas, resulting in fewer job opportunities for noncitizens.

12. “Executive Order America First Policy Directive to the Secretary of State”

What does this mean?

• Although not explicit, this may be a reinstatement of the first Trump administration’s Buy American, Hire American (BAHA) Executive Order 13788.

Potential impacts:

• If this is a reinstatement of BAHA, this will likely result in increased scrutiny of employment-based visas, barriers for U.S. businesses to hire foreign workers, and a focus on increased wage requirements which hurt small businesses, non-profits, and foreign graduates of U.S. institutions.

*Note: There is still much uncertainty around many of the executive orders and policy changes of the Trump Administration.